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VAR 11.73l �I City of Fridley AT THE TAP OF THE TWIN$ r --- r j y-- --6oRItaVHIYY DEVFLOENT DIV, PROTECTIV4 PdOdUCTiOM PCIPT i --_� CITY HA(.L FRIDLIXY 06,0E 81JUECT APPLICATION TO BOARD OF APPEALS KIWEER I 910-T RSV. DATE 1 PAGE tlo 1 2 APPROVED BY 800 Name Address, _ Phone &t/e e e. Pg.l ( -00,20 Legal Desc. Lot No. B1 ck No. Tract or Addition pp Variance Requested (Attach plat or survey of propertf showing location of proposed building, etc., including adjoining properties and ownership within 200 feet of said property.) p/9, qV 4 otJS i ef(tCT A06An 7-6 e..L., J1 4)cUL n1G J/Pc7r�f ycZ✓[7//!/V.h.e s/ �e d4 v �G . 3w ria r�U: "' yard f ry IS' Meeting Date /V"�o t/. /,3, � 9 -k3 Fee Receipt No. Opinions and Recommendation by the Board of Appeals //-/0-93 For Above Recommendation Against Recommendations City Council Action and Date City of Fridley AT THE TOP OF THE TWIw6 r ------- COMIAVNITY DEVEL.GMENT ®IV, PROTECTIVE WGftCTIQM U9PT, CITY WALL FRIOLOV 00438 {....1�.� �.J 011-560-3400 ClIk�JGCY APPLICATION TO BOARD OF APPEALS (Staff Report) NLDAIQM 910-'. ASV. G GATE 2/15/73 PAGE OF 2 2 APPROVED BY 800 Comments by administrative official denying original request for building permit or other permit. (To be completed by administrative official. Appropriate Ordinances and sections of Ordinance to be cited.) Board members notified of meeting by 01J. List members, date notified, and "Yes" or "No" for plans to attend hearing. Name Date Plan to Attend i/- 9-�Z Person making appeal and the f lowing property owners having property within 200 feet notified Phone Notified B Name (Date or Mail (Initial) Ltj //-/- q3 fba.j iO) - 5/S S/ '�2 • s Y -;Ind - V,� q- cP - -V 40 11e5-1/ ' ' _ the 2aCho - V/ / 9 - .?/j / 'moi - O2 n c QLAO w C LLL U Ago r. 646 -68'8 226-5121 THE JOHN J. RYAN CO. 1602 Selhv lvenue St. Paul, Minnesota 55104 I berebp certifp that on June 7 , 19 69, 3 mabt a ourbep of the propertp locateb at 111 -45th Avenue Northeast, Fridley, Minnesota b3bieli io begeribeb ag follotag: Lot Two (2)9 Block Three (3), Rearrangement of Blocks 13, 14 and 15, Plymouth, according to the recorded plat thereof. Anoka I-ounty Set_Ba.ck:. 35.2 feet to 2nd Avenue (Alis �i.s front of lot orginally) 34.8 feet.to 45th Avenue (House faces 45th Avenue. Side line orginally) Cncroarbmentg xxx I founb that the follob3ing'butibing(z) House (New Construction) fiq eb3itbin the propertp limits as; get forth in the abobe legal bacription. !� John J. Ry�gyl Registe�r'e 4Surveyor, No. 4489 Paul J. CP�ne, Re8 - ed Surve=.•or, No..4449 .Dumber 74073 dame Bruce A. Nedeeaard ip rapertp foi;e 129.16' X 85.0' .0 ee '12.00 Form 138-R IOM McClain Hndman & Schuldt Co.. St. Paul. Minn. THE MINUTES OF THE BOARD OF APPEALS SUBCOMMITTEE MEETING OF NOVEMBER 13, 1973_ The meeting was called to order by Chairman Drigans at 7:40 P.M. MEMBERS PRESENT: Drigans, Crowder, Gabel, Plemel, Wahlberg MEMBERS ABSENT: None OTHERS PRESENT: Howard Mattson - Engineering Aide MOTION by Plemel, seconded by Gabel, to approve the minutes of the October 23, 1973 meeting as written. Upon a voice vote, there being no nays, the motion carried. 1. A REQUEST FOR VARIANCES OF: SECTION 45.053, 4A FRIDLEY CITY CODE, TO REDUCE THE FRONT YARD SETBACK REQUIREMENT FROM 35 FEET TO 28 FEET, AND, SECTION (� 45.153, 4C, TO REDUCE THE REAR YARD SETBACK REQUIREMENT FROM 25 FEET TO 21 FEET, TO ALLOW THE CONSTRUCTION OF AN ADDITION ONTO AN EXISTING DWELLING, LOCATED ON LOT 2, BLOCK 3,' REARRANGEMENT OF BLOCKS 13,14 AND 15, PLYMOUTH ADDITION, THE SAME BEING 111 -45TH AVENUE N.E., FRIDLEY, MINNESOTA. (REQUEST BY MR. BRUCE NEDEGAARD, 111 -45TH AVENUE N.E., FRIDLEY, MINNESOTA.) Mr. Bruce Nedegaard and Mr. Bill Camp, general contractor, were present to present the request. MOTION by Wahlberg, seconded by Gabel, to waive reading the public hearing notice. Upon a voice vote, there being no nays, the motion carried. Mr. Camp came forward with a plot plan of the property. He stated he built Mr. Nedegaard's original house and now he wants to add on a family room and garage but they need a variance on both the front and rear yards. He said when the house was built, the.Code stated they had to have 35 foot setbacks on both sides as this is a corner lot. Mr. Camp stated the front -yard setback on the structure to the West is 29 feet, the.structure to the'East (across 2nd St.) is 28 feet, and this variance will not be out of line with what is already existing in the area. Chairman Drigans asked if the neighbors had been granted variances and Mr. Camp said that since the houses are considerably older, they could have been built without variances. Mr. Crowder asked if there is now an existing garage and Mr. Nedegaard answered that there was not, just a parking space. Chairman Drigans asked if a firewall would be installed and Mr. Camp said there would be. Mr. Camp said the addition will be 30feet 6 inches by 36 feet and the family room will extend 14 feet by 22 feet 6 inches across the back. He said the rest of the addition will be garage and storage area. Chairman Drigans asked if they planned to start construction this fall yet if the variances were,approved. Mr. Camp answered they did, in fact, they would like to get a foundation permit right away, before Council action on the request. He said if they could construct the footings now, and if Council would deny the request, it would be the applicant's loss. 2. The Minutes of the Board of Appeals Meeting of November 13,.1973 Page 2 Mrs. Wahlberg asked if there would be any entrance to the house from the garage or would the garage opening into the family room be the only one. Mr. Camp said it would only open into the family room. MOTION by Crowder, seconded by Plemel, to close the public hearing. Upon a voice vote, there being no nays, the motion carried unanimously. Chairman Drigans stated the hardship .seems to be the lack of a garage. He said there seems to be no major problems with this variance as the adjoining properties have similar setbacks. Mrs. Wahlberg stated the setbacks would keep with the existing structures in the, neighborhood and will not be a deterent. Mr. Plemel stated the addition will be bigger than the original structure and should add considerable value to it. MOTION by Crowder, seconded by Wahlberg, to recommend to the City Council, approval of the variances, the reason being, the hardship as discussed. He added further, years ago the setbacks were 35 feet on street sides of corner lots and this has now changed. Upon a voice vote, there being no nays, the motion carried unanimously. A REQUEST FOR A VARIANCE OF SECTION 45.154, 3, FRIDLEY CITY CODE, TO INCREASE THE MAXIMUM HEIGHT OF A FENCE IN A REAR YARD FROM 7 FEET TO 8 FEET TO ALLOW THE ERECTION OF A PRIVACY FENCE ON LOT 11. BLOCK 1. TEMPLE TERRACE 2ND ADDITION. THE Mr. Onermaa was present to present his request. MOTION by Wahlberg, seconded by Gabel, to waive reading the public hearing notice. Upon a voice vote, there being no nays, the motion carried unanimously. Mr. Onermaa stated he lives on the corner of 532 Avenue and 7th Street. He said there is a playground adjacent to his rear lot line which has a lot of activity. He said balls land in his yard all the time and the kids climb over his existing picket fence and usually cause some type of damage. He said he wants to install a 8 foot chain link fence that he will pay for himself with no maintenance for the City. He said this fence will prevent the balls from coming into his yard as much and it will not block the view of traffic. Mr. Crowder asked if it was correct that the Park Department had agreed to pay half of the cost of the fence if a 6 foot fence was installed. Mr. Onermaa answered that the Park Department was willing to pay half of.a 6 foot fence but he*wanted an 8 foot fence. He said it would just be along his back lot line because he now has a 4 foot chain link on top of a retaining wall along 7th Street. He said this would make the kids walk around to the front gate to retrieve any balls that might go into the yard and would hopefully cut down on the damage caused to his property, especially when they aren't home. OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE BOARD OF APPEALS TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN THAT the Board of Appeals of the City of Fridley will meet in the Council Chamber of the City Hall at 7:30 P.M. on Tuesday, November 13, 1973 to consider the following matter: A request for variances of: Section 45.053, 4A, Fridley City Code, to reduce the front yard setback requirement from 35 feet to 28 feet, and, Section 45.153, 4C, to reduce the rear yard setback requirement from 25 feet to 21 feet, to allow the construction of an addition onto an existing dwelling, located on Lot 2, Block 3, Rearrangement of Blocks 13, 14, and 15, Plymouth Addition, the same being 111 - 45th Avenue N.E., Fridley, Minnesota. (Request by Mr. Bruce Nedegaard, 111 - 45th Avenue N.E., Fridley, Minn.) Anyone who desires to be heard with reference to the above matter will be heard at this meeting. WILLIAM DRIGANS CHAIRMAN BOARD OF APPEALS 211. REGULAR COUNCIL MEETING OF NOVEMBER 19, 1973 PAGE 3 Councilman Breider said on the surface, he had thought this to be a worthwhile donation and a good idea, but the more he thought and learned about.the donation, the more reservations he had. He mentioned the use of the bus by the various traveling teams in the City and said the young people would use the bus and the parents would travel to the games in the cars. He indicated this was unnecessary travel if the parents were attending the games and the members of the teams were being bused. He questioned the need for the additional creation of liability on the part of the City. He also questioned the use of the shuttle service from the Beach. Councilman Breider said he did not feel comfortable with the thought of the acceptance of the donation. Councilman Nee said he would not want the people from the Jaycees to be misled and he thought the matter in question to be the program, not the matter of questioning the type or age of the vehicle. Councilman %e said he would like the matter to be discussed by the Parks and Recreation Commission. He repeated the question in the Council's mind was not a new versus an old bus. He said he would want to be sure the representatives of the Jaycees understood the feelings of the Council. Councilman Nee said he liked the idea of the shuttle service. He said he also realized the factor of the increase in responsibility, manpower and liability. He suggested working on the matter further to determine the factors involved. Mayor Liebl said he would like the details on the donation of the bus worked out more satisfactorily. He said this should be reviewed by the Parks Commission to evaluate the questions and doubts. He said he would suggest this matter be tabled until March or until the recommendations of the Parks and Recreation Commission could be obtained. MOTION by Councilman Utter to table the consideration of the donation of the bus by the Fridley Jaycees to the City of Fridley until the first meeting in March. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. OF FIRST READING OF AN -ORDINANCE DESIGNATING CREEK AND Councilman Nee said he thought this to be a very well drafted ordinance. His only concern was he would not want to unduly supress maintenance and routine upkeep. He said he would hate to pass something that would limit routine maintenance on the residential homes'in the City. The City Engineer said the ordinance would apply more to the new construction in the City within the flood plain areas. He said there would not be a permit required for routine maintenance. He said his Department would go through the ordinance and clarify this point.He again said this would apply to additions and new construction,not routine maintenance. The City Engineer said the ordinance has been reviewed by the Department of Natural Resources. He said the ordinance would be reviewed for Mr. Nee's questions and checked with the Department again. He said the ordinance is to make people eligible for insurance, not to be unnecessarily restrictive. MOTION by Councilman Nee to adopt the first reading of the Ordinance designating Creek and River Preservation Management District, Regulating the Use and Development thereof, the issuance of permits, and providing penalties for violation. Seconded by Councilman Breider. Upon a roll call vote, Breider, Starwalt, Liebl, Utter,., and Nee voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING COMMUNICATIONS FROM HOMEOWNERS AT 6490 6470', AND 6454 RIVERVIEW TERRACE REGARDING WAIVING HOOKUP TO CITY SANITARY SEWER SYSTEM: MOTION by Councilman Utter to receive the communication from Mr. Elmer M. Johnson, 6490 Riverview Terrace, Mr. John Koprowski, 6470 Riverview Terrace, and Mr. Frank Damon, 6454 Riverview Terrace. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Mayor Liebl asked if there was any objection to the Council waiving the fees. The City Engineer said the City Council would not have the authority to waive the connection, this would have to be up to the Metro Sewer Board. He explained the 212 REGULAR.000NCIL MEETING OF NOVEMBER 19, 1973 PAGE 4 rules adopted by Metro Sewer that all property having sewer available are required to hook up to the sewer systems by: January 1, 1974. He said the authority On enforcement would be the Chief Administrator of the Metro Sewer District. The only thing that could be done at the City level would be to waive the Fridley Sewer Lateral charge. Mayor Liebl called Mr. Johnson forward and said the City would support the position of the people's request, but this authority is at the Metro Sewer Board. Again, the City Engineer said the City could waive the lateral charge, but they could not waive the hook up requirement, this was up to the Metro Sewer Board. Mr. Johnson said he had'tried to obtain connection with the system and he was told that he lived on an impossible hill and could not hook up to the City system. He referred to the reduction in his assessed value because the City had said it would be impossible to hook up to the sewer and water. Mr. Johnson said he would ask for fair, right and logical action. He questioned if the City ever provides the lift station for property owners. He stressed with the present elevation of his home and the present system, it is impossible to hook up. The City Engineer said this has been done, but it was done where there is more than one building site, and the area property owners are all assessed equally for the lift station. Mr. Johnson questioned if the three property owners would be able to share such a facility. The City Engineer said the property belonging to Mr. Johnson was by far the larger than the requirement for one building site and the expense would have to be divided accordingly. The City Engineer again stressed, it was not the City of Fridley who was forcing the property owners to hook up to the system, it is the Metro Sewer Board. The City Engineer said he would recommend the installation of an ejector pump as this would be a relatively small cost. He continued, no matter how the property owners hook up to the system, they would have to install the ejector pumps. MOTION by Councilman Starwalt to waive the lateral charge for the aforementioned three property owners, and that the -permits for the installation can be obtained before the first of the year, but the work may be done in the spring. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF NOVEMBER 13, 1973: A REQUEST FOR VARIANCES OF SECTION 45.053, 4A, FRIDLEY CITY CODE, TO RI THE FRONT YARD SETBACK REQUIREMENT FROM 35 FEET TO 28 FEST AND, SECTI01 NG Thd'City Engineer pointed out that the Board of Appeals had recommended approval of the variance and this would conform with the remainder of the neighborhood. MOTION by Councilman Breider to approve the variance. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. AREQUEST FOR A VARIANCE OF SECTION 45.154, 3, FRIDLEY CITY CODE, TO INCREASE The City Engineer said the variance request was for the construction of a eight foot fence and the fence would be constructed on his own property and he would pay for the.total construction of the fence. Councilman Starwalt said he had been on the site and the fence was to be constructed on a retaining wall which would create a 12 foot barrier. He added, if the applicant has requested this and the Park Department has no objection, he would have no objection if the property owner agrees IDpay the full cost.